[59a - 47 lines; 59b - 43 lines]

1)[line 6]מר סבר מידי דשכיח ממידי דשכיחMAR SAVAR MIDI D'SHECHIYACH MI'MIDI D'SHECHIYACH- [Rav and Shmuel] maintain [that it is more logical to draw a comparison] from that which is common (i.e., hat which she eats on a regular basis) to that which is common (i.e., the income generated by the average woman)

2)[line 7]מידי דקייץ ממידי דקייץMIDI D'KAYITZ MI'MIDI D'KAYITZ- [Rav Ada bar Ahavah] maintains [that it is more logical to draw a comparison] from that which is fixed (i.e., a Me'ah Kesef) to that which is fixed (i.e., the income generated by the average woman, which is an amount fixed by the Chachamim (Kesuvos 64a; see below, entry #4)

3)[line 9]מותר מעשה ידיהM OSAR MA'ASEH YADEHA- income generated by one's wife above and beyond the norm

4a)[line 12]מה היא עושה לוM AH HI OSAH LO?- how much income is one's wife expected to bring in for him?

b)[line 13]משקל חמש סלעים שתי ביהודהMISHKAL CHAMESH SELA'IM SHESI BI'YEHUDAH- warp thread (which is thinner and therefore harder to spin than woof thread) equivalent to the weight of five Sela'im in Yehudah (the southern half of Eretz Yisrael, below the ancient city of Antipatris (near modern-day Rosh ha'Ayin)

c)[line 16]שהן עשר סלעים בגלילSHE'HEN ESER SELA'IM B'GALIL- which is equal to the weight of ten Sela'im in Galil (the northern half of Eretz Yisrael, above the city of Megido, wherein the Sela weight was half of that of Yehudah)

5)[line 18]"קונם שאני עושה לפיך""KONAM SHE'ANI OSAH L'FICHA" (KINUYEI NEDARIM - Slang Terms used in the Acceptance of a Vow)

(a)One means by which one is able to prohibit upon himself that which was formerly permitted is to make a Neder (Bamidbar 30:3). A Neder is a form of vow in which one places a prohibition upon a previously permissible object. If the object belongs to him, his Neder can affect others as well (depending upon the wording of the Neder). If it belongs to another, he is able to prohibit it only upon himself.

(b)A Neder may be worded such that it prohibits the object through "Hatfasah." This means that the object which is now permitted is compared to an object that is prohibited, such as a Korban. (Some Rishonim maintain that this is a necessary component of a Neder; see Insights to Nedarim 2:2). When connecting the prohibition one wishes to confer through his Neder to a previously prohibited object, one must connect to a "Davar ha'Nadur." A Davar ha'Nadur is an object that itself had been prohibited through either a Neder or through Hekdesh (consecration, such as a Korban). Should one attempt to connect the object of his Neder to a "Davar ha'Asur," the Neder is not binding (Nedarim 14a). A Davar ha'Asur in this context refers to that which is prohibited by the Torah, such as meat cooked with milk or a non-Kosher animal.

(c)One need not refer to the object of Hatfasah directly; he may use a "Kinuy." A Kinuy is a corrupted form of a word, such as "Konam" or "Konach" instead of "Korban" (Nedarim 2a).

(d)The Amora'im disagree as to whether these expressions are words in foreign languages that stemmed from the original Hebrew, or slang terms originated by the Chachamim for the express purpose of Nedarim. The reason why the Chachamim were interested in doing such was so that people would avoid the true term "Korban" etc. when making Nedarim. Since one may very likely mention the name of HaSh-m if he uses the correct word (i.e., "la'HaSh-m Korban"), this could lead to the utterance of the Divine name in vain if he does not complete his Neder (Nedarim 10a).

(e)One who violates his Neder transgresses both a positive Mitzvah (Bamidbar ibid., Devarim 23:24) and a negative Mitzvah (Bamidbar ibid.). If there are witnesses who properly warned him before his transgression, he receives Malkus (thirty-nine lashes).

(f)"Konam she'Ani Osah l'Ficha" is a Neder expressed by a women. It means "What I produce is prohibited to you (lit. your mouth) similar to a Korban." Since a woman is obligated by the terms of her Kesuvah to give her earnings to her husband, her Neder cannot take effect to uproot this obligation.

6)[line 19]אינו צריך להפרEINO TZARICH L'HAFER (HAFARAS NEDARIM - The Annulment of Vows)

(a)A man has the right to annul certain vows of his wife and his daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this if on the day that he hears the vow he states "Mufar Lach" ("it is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Shabbos 157a). If he does not annul the vow by the end of the day, or if he is Mekayem (upholds) the vow even before the day is over (by saying "the vow should remain valid!"), the vow takes effect and his wife or daughter must abide by her vows.

(b)Since the Neder of "Konam she'Ani Osah l'Ficha" cannot take effect due to a previous obligation (see previous entry), the Tana Kama of the Beraisa is of the opinion that a husband need not annul such a vow made by his wife.

7)[line 20]שמא תעדיף עליו יתר מן הראוי לוSHEMA TA'ADIF ALAV YESER MIN HA'RA'UY LO- [since] she may produce more than what he deserves (namely, any amount beyond (a) Mishkal Chamesh Sela'im Shesi bi'Yehudah (see above, entry #4) (RASHI); (b) even normal extra earnings, since a special effort was required to produce them (TOSFOS DH Rebbi))

8)[line 21]ותהא אסורה לחזורV'TEHEI ASURAH LA'CHZOR- and she will be forbidden to return to him [if he wishes to remarry her, since she cannot perform those chores which a wife must perform for her husband (Mishnah, 59b)].

9)[line 22]הלכה כרבי יוחנן בן נוריHALACHAH K'REBBI YOCHANAN BEN NURI- Rebbi Yochanan ben Nuri rules that her Neder will take effect when it can, even after many years of marriage when it could not. This implies that one may consecrate a Davar she'Lo Ba l'Olam, since it was never certain that she would be divorced. Therefore, Shmuel's ruling appears to contradict that which he ruled according to Rebbi Yochanan ha'Sandler in our Mishnah.

10)[line 23]להעדפהL'HA'ADAFAH- [not regarding that which her Neder will take effect after her divorce, but rather] regarding excess earnings (i.e., the opinion of Rebbi Akiva) (see also TOSFOS DH Ki for an alternate Girsa and explanation)

11a)[line 28]מתוך שאדם אוסר פירות חבירו עליוMI'TOCH SHE'ADAM OSER PEIROS CHAVEIRO ALAV- since one is able to prohibit the produce of another upon himself [although he does not own it]

b)[line 28]אדם מקדיש דבר שלא בא לעולםADAM MAKDISH DAVAR SHE'LO BA L'OLAM- one is able to consecrate that which does not yet exist [although he does not yet own it]

12)[line 31]יאסר דבר שלא בא לעולם על חבירוYE'ESAR DAVAR SHE'LO BA L'OLAM AL CHAVEIRO?- is one able to prohibit that which does not yet exist (namely, her earnings) to another (namely, her husband)...?

13)[line 34]באומרתB'OMERES- [the Beraisa is referring] to a case in which she said

14)[line 36]הא משעבדא ליהHA MESHABDA LEI!- her hands are beholden [to earn for her husband]!

15)[line 38]ולקמיהL'KAMEI- in the future

16)[line 39]אלמה לאALAMAH LO?- and why not? According to R. Elai, if a man says to his friend, "This field that I am selling you shall be Hekdesh as soon as I shall have re-purchased it from you," would it not become Hekdesh?

17)[line 40]לכשאקחנה ממךLICHSHE'EKACHENAH MI'MECHA- [the field that I sold to you should be Hekdesh] when I buy it back

18)[line 42]בידו להקדישהB'YADO L'HAKDISHAH- in that case, it is in the hand of the buyer to be Makdish the fruits

19)[line 45]מתקיף לה רב פפאMASKIF LAH RAV PAPA- Rav Papa is asking a question on the Gemara's previous question. He is responding to Rebbi Yirmeyah's question by demonstrating that the woman should be able to prohibit with her Neder what she produces after her divorce.)

20)[line 46]גופא ופירות בידא דלוקחGUFA U'FEIROS B'YADA D'LOKE'ACH- the buyer owns the field itself and its Peiros

59b----------------------------------------59b

21)[line 1]שמשכנתי לךSHE'MASHKANTI LECHA- that I gave to you as collateral on a loan

22)[line 1]לכשאפדנה ממךLICHSHE'EFDENAH MI'MECHA- the field that I mortgaged to you until the loan is repaid should be Hekdesh when I redeem it

23)[line 2]מתקיף לה רב שישא בריה דרב אידיMASKIF LAH RAV SHISHA BREI D'RAV IDI- the comparison is faulty! There, he can redeem the field but the wife cannot divorce herself!

24)[line 10]דקדושת הגוףD'KEDUSHAS HA'GUF (KEDUSHAS DAMIM / KEDUSHAS HA'GUF)

There are two classifications into which all items consecrated to Hekdesh fall. These are:

(a)KEDUSHAS HA'GUF - that which holds intrinsic Kedushah, such as an animal fit to be offered upon the Mizbe'ach (an animal that has Kedushas ha'Guf cannot be redeemed without a Mum), or a utensils fit to be used in the performance of the Avodah in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5). This is also termed KODSHEI MIZBE'ACH.

(b)KEDUSHAS DAMIM - that which is not fit to be used in its present state in the Beis ha'Mikdash, but whose value is consecrated to Hekdesh (e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value (even before the first one develops a Mum)). Such items are sold, and the proceeds go toward any day-to-day needs of Hekdesh. This is also termed KODSHEI BEDEK HA'BAYIS.

25)[line 11]הקדש חמץ ושחרור מפקיעין מידי שיעבודHEKDESH, CHAMETZ, V'SHICHRUR MAFKI'IN M'YEDEI SHIBUD

(a)A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shibud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki" (this is a contraction of "Apo Tehei Ka'i" - "from this shall the collection be").

(b)The Shibud on the Apotiki is revoked or cancelled (and the creditor must be reimbursed through other means) in three instances:

1.If the Apotiki is an animal that is fit to become a Korban and the owner designates it as such. (That is, the owner grants the object "Kedushas ha'Guf la'Mizbe'ach." If the Apotiki itself is not fit to be brought on the Mizbe'ach, and its owner declares that it should be sold and its value should be Kodesh ("Kedushas Damim"), or that it should be used for filling the day to day needs of the Beis ha'Mikdash and not for Korbanos ("Kedushas Bedek ha'Bayis), this does not repeal the Shibud - RASHI, see however RAMBAM Hilchos Erchin 7:14).

2.If the object is Chametz and the sixth hour arrives on the day before Pesach (thus prohibiting any Jew to derive benefit from the Chametz).

3.If the object is a slave and the owner frees the slave. Since this action grants the former slave the status of a free Jew, he is no longer subject to the lien of the creditor.

26)[line 12]ונקדשו מהשתאV'NIKDESHU ME'HASHTA!- her earnings should be forbidden from the outset!

27)[line 12]אלמוה רבנן לשיעבודיה דבעלALMUHA RABANAN L'SHIBUDEI D'VA'AL- the Chachamim strengthened the husband's lien, so that his Shibud should not be nullified

28)[line 15]טוחנתTOCHENES- she must grind food for her husband

29)[line 15]ומכבסתMECHABESES- do laundry

30)[line 16]מצעת לו המטהMATZA'AS LO HA'MITAH- she prepares his bed (that is, she not just spreads the sheets out for him, but sets up the bed in a manner that requires a certain amount of effort - RASHI 61a DH Aval)

31)[line 16]ועושה בצמרOSAH B'TZEMER- she spins wool

32)[line 20]יושבת בקתדראYOSHEVES KATADRA- a throne; that is, she has no responsibilities to her husband

33)[line 22]כופהKOFAH- he may force her

34)[line 23]זימהZIMAH- licentiousness (immoral behavior)

35)[line 23]המדיר את אשתוHA'MADIR ES ISHTO- one who makes a Neder prohibiting his wife

36)[line 25]שיעמוםSHI'AMUM- insanity

37)[line 25]טוחנת ס''דTOCHENES SALKA DA'TACH?- would you think [that it means] to actually grind? [The mill does the grinding!]

38)[line 26]מטחנתMATCHENES- to prepare the wheat for grinding

39)[line 26]בריחיא דידאREICHAYA D'YADA- with a hand mill

40)[line 27]אין אשה אלא ליופיEIN ISHAH ELA L'YOFI- the Mishnah, which tells us that the husband can force his wife to grind, bake and nurse the baby - labors which reduce her beauty - argues with Rebbi Chiya, who says that it is important that a wife should be beautiful (TOSFOS)

41)[line 29]לתכשיטי אשהL'TACHSHITEI ISHAH- a wife is only to receive jewelry to adorn herself

42)[line 30]שיעדןSHE'YE'ADEN- it is to make his wife beautiful

43)[line 31]שילביןSHE'YALBIN- to make his daughter clear skinned and beautiful

44)[line 32]אפרוחיםEFROCHIM- chicks

45)[line 32]סמוך לפירקהSAMUCH L'FIRKAH- just before puberty

46)[line 35]שומטת דד מפיוSHOMETES DAD MI'PIV- (lit. she removes the breast from his mouth) she may not nurse the baby

47)[line 36]ואם היה מכירהIM HAYAH MAKIRAH- if the baby recognizes her already, and will not readily go to a nursemaid

48)[line 37]נותן לה שכרהNOSEN LAH SECHARAH- but if [the child] knows her [her husband] pays her the fee and may compel her to suckle it in order [to avert] danger?

49)[line 38]הכא במאי עסקינןHACHA B'MAI ASKINAN?- here, with what are we dealing? (Here we are dealing with such a case where the woman made a vow and her husband confirmed it.)

50)[line 39]וקיים לה הואKIYEM LAH HU (HAFARAS and KIYUM NEDARIM - Annulling and Endorsing vows)

See Background to 52:2.

51)[line 40]הוא נותן אצבע בין שיניהHU NOSEN ETZBA BEIN SHINEHA- (lit. he put his finger between her teeth [and she bit it]) it is his fault

52)[line 41]ונפלגו בכתובה בעלמאV'NIFLEGU B'CHESUVAH B'ALMA!- they should argue more directly about whether or not he must pay a Kesuvah (when he confirmed a vow that obligates him to divorce her)!

53)[line 42]אינה מניקהEINAH MENIKAH- a woman does not need to nurse

54)[line 42]מחוורתאMECHAVARTA- it is clear

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